Kotozna Chat Terms of Service/Privacy Policy

Enacted: August 10, 2018
Last Updated: November 25, 2019

Kotozna, Inc. (“Kotozna”, “our,” “we,” or “us”) provides message forwarding, translating, and other services to users around the world. Please read our Terms of Service so you understand the terms and conditions applicable to your use of Kotozna Chat. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

About our services

Registration.

You must register for our Services by downloading and installing our app into your device such as a PC and a smartphone. We register you as a user of our service by your identification number unique to your app, which is collected while installing our app.

Deregistration.

You can deregister from our service by uninstalling our app from your device. Please refer to our Privacy Policy for the treatment of your information after deregistration.

Age.

You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software.

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates necessary to use our Services, including automatically.

Fees and Taxes.

You are responsible for all carrier data plan, and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data

Kotozna cares about your privacy. Kotozna’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to Japan and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies.

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use.

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:

  • violate, misappropriate, or infringe the rights of Kotozna, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
  • are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
  • involve publishing falsehoods, misrepresentations, or misleading statements;
  • impersonate someone;
  • involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; orむ
  • involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Kotozna or Our Users.

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us (including the following methods), our Services, systems, our users, or others, including that you must not directly or through automated means:

  • reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
  • send, store, or transmit viruses or other harmful computer code through or onto our Services;
  • gain or attempt to gain unauthorized access to our Services or systems;
  • interfere with or disrupt the integrity or performance of our Services;
  • create accounts for our Services through unauthorized or automated means;
  • collect the information of or about our users in any impermissible or unauthorized manner;
  • sell, resell, rent, or charge for our Services; or
  • distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure.

You are responsible for keeping your device and your Kotozna account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We will not be liable for any damage or loss that you may suffer in relation to your access, use, or interaction with third-party SNS, websites, apps, content, and other products and services.

Licenses

Your Rights.

Kotozna does not claim ownership of the information that you submit for your Kotozna account or through our Services. You must have the necessary rights to such information that you submit for your Kotozna account or through our Services and the right to grant the rights and licenses in our Terms.

Kotozna’s Rights.

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

Your License to Kotozna.

In order to operate and provide our Services, you grant Kotozna a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit and/or forward your messages, translate your messages, store your messages to deliver, and otherwise as described in our Privacy Policy).

Kotozna’s License to You.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you under our Terms.

Reporting third-party copyright, trademark, and other intellectual property infringement

If you notice any third-party copyright, trademark, or other intellectual property infringement, please report to the following contact.

Kotozna inc.

Terms of Service/Privacy Policy

MetLife Moto-Akasaka WEST 1F, 1-7-20 Motoakasaka, Minato-ku

Tokyo,107-0051,Japan

Translation

Kotozna may offer translation service of messages as supplementary support for your convenience. Kotozna uses third party machine translation for such service and you acknowledge and are fully aware that the quality of the translation is limited and it is not error free. We will not be liable for any translation error.

Disclaimers

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Kotozna Parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Limitation of liability

The Kotozna Parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our Terms, us, or our Services, even if the Kotozna Parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us, or our Services will not exceed the greater of ten thousand yen (JPY10,000) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some countries or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the Kotozna Parties will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Kotozna Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue.

You agree that the Tokyo District Court has the exclusive jurisdiction over any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”).

Governing Law.

The laws of Japan govern our Terms, as well as any Disputes which might arise between Kotozna and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services.

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature, and other force majeure events.

Termination.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate any provision or the spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Kotozna: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.

Other

Unless a mutually executed agreement between you and us states otherwise, our Terms makes up the entire agreement between you and us regarding Kotozna and our Services, and supersedes any prior agreements.

We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Any amendment to or waiver of our Terms requires our express consent.

We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. We will not be liable for any damage or loss that you may suffer arising out of or in connection with your failure to review any amendment of our Terms.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about Kotozna and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Accessing Kotozna's terms in different languages

To access our Terms in certain other languages, change the language setting for your Kotozna session. If our Terms are not available in the language you select, we will default to the Japanese version. Our Terms and other rules, policies, and guidelines are written in Japanese language. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms and other rules, policies, and guidelines conflicts with the Japanese version, the Japanese version controls.

Please review the following documents, which provide additional information about your use of our Services:

Kotozna Privacy Policy

Respect for your privacy is our top priority. Since we started Kotozna, we’ve aspired to build our Services with a set of strong privacy principles in mind.

Kotozna provides messaging, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Kotozna so delivered messages aren’t stored and giving you control over who you communicate with on our Services.

When we say ”Kotozna,” ”our,” ”we,” or ”us,” we’re talking about Kotozna Inc. This Privacy Policy (”Privacy Policy”) applies to all of our apps, services, features, software, and website (together, ”Services”) unless specified otherwise.

Please also read Kotozna’s Terms of Service (”Terms”), which describes the terms under which you use our Services.

Information We Collect

Kotozna receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information You Provide

Your Login information.

You provide your user ID or user ID you want to connect, language that your device uses, and your nickname, when you login to our Service. In addition, your email address and mobile number if necessary.

Your Messages(except messages to Travel Chat).

Once your messages (including your chats, photos, videos, voice messages, files, and share location information) will be stored when your send your messages.

Your Messages (Travel Chat only).

Your messages to Travel Chat can be seen by anyone (including anyone who does not have a Kotozna user ID) on or off our Products. This includes your nickname; and any information and content you share with a public audience through Travel Chat.

Your Messages (Group Chat only).

Your messages to Group Chat can be seen by anyone who belongs to the same group (including anyone who does not have a Kotozna user ID) on or off our Products. This includes your nickname; and any information and content you share with a public audience through Group Chat.

Your Connections.

To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.

Customer Support.

You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically Collected Information

Usage and Log Information.

We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

Transactional Information.

If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.

Device and Connection Information.

We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We collect device location information if you use our App or our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

QR code scan information.

When you scan Kotozna QR code, we collect the time, your location, and URL embedded in the Kotozna QR code.

Cookies.

We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide Kotozna for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you.

Status Information.

We collect information about your online and status message changes on our Services, such as whether you are online (your ”online status”), when you last used our Services (your ”last seen status”), and when you last updated your status message.

Third-Party Information

Third-Party Providers.

We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

Third-Party Services.

We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, When you agree to follow Kotozna’s Official Account on SNS, we receive from the SNS provider your public profile which includes your user ID, display name and profile picture. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

How We Use Information

We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services and such other purpose that may be relevant or incidental to the foregoing. The following are some examples of how we use the information.

Our Services.

We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services.

Safety and Security.

We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

Communications About Our Services.

We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.

Commercial Messaging.

We will send commercial messages that we think to be relevant to you in your own language. For example, we may send URL link that contains information of nearby restaurants in your own language. We will also allow you and third parties, like businesses, to communicate with each other using Kotozna Chat, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.

Information You And We Share

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

Login Information.

your user ID, user ID you want to connect, your language and nickname. Email address and mobile number if necessary.

Your Contacts and Others.

Users with whom you communicate may store or reshare your information (including messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.

Third-Party Providers.

We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

Third-Party Services.

When you use third-party services that are integrated with our Services, we may receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Assignment, Change Of Control, And Transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Managing Your Information

If you would like to manage, change, limit, or delete your information, we allow you to do that through the setting screen on our app.

Law And Protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to:

  • respond pursuant to applicable law or regulations, to legal process, or to government requests;
  • enforce our Terms and any other applicable terms and policies, including for investigations of potential violations;
  • detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or
  • protect the rights, property, and safety of our users, Kotozna, or others.

Our Global Operations

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to Japan and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates To Our Policy

We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the ”Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

Contact Us

If you have questions about our Privacy Policy or want to manage your information (including deleting, changing, adding, or modifying), please contact us.

Kotozna inc.

Terms of Service/Privacy Policy

MetLife Moto-Akasaka WEST 1F, 1-7-20 Motoakasaka, Minato-ku

Tokyo, 107-0051, Japan